Delhi High Court - Orders
Lal Babu @ Ravi @ Pappu vs The State (N.C.T. Of Delhi) on 27 January, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 343/2021
LAL BABU @ RAVI @ PAPPU ..... Petitioner
Through: Mr. Basant Kumar Gautam,
Advocate.
Versus
THE STATE (N.C.T. OF DELHI) ..... Respondent
Through: Mr. Aman Usman, APP for State with
SI Deepak, PS Jahangir Puri.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 27.01.2023 The present application under Section 439 Cr.P.C. seeks regular bail in case FIR No. 537/17, under Sections 20/61/85 NDPS Act, registered at PS Jahagir Puri.
The facts as stated in the status report dated 04.05.2021, authored by Insp. Rajesh Kumar, SHO PS Jahagir Puri, are as follows:
"1. Brief fact of the case are that on 09.11.2017, a secret information was received at PS Jahagir Puri Delhi regarding some person having possession of illegal Ganja. After receiving the information a teal organized by SI Jasmer Singh along with H.Ct. Nitin No. 253/NW, H.Ct. Bijender No. 2143/NW, H.Ct. Vikrant No. Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:27.01.2023 15:49:17 447/NW, Ct. Ajit No. 2240/NW, Ct. Sachin No. 1860/NW and headed by SI Jasmer Singh. Raiding team reached at the spot i.e. Jhuggi No. 225, GH Block Shah Alam Bandh Road, Jahagir Puri, Delhi there one person namely lal Babu @ Ravi who was present at front of Jhuggi No. 225 GH Block Jahagir Puri delhi and he had the cash in his hand and selling things/Ganja to customers, during raid he run away from the spot and another person Ram Babu @ Paras s/o Ram Sakal found inside the jhuggi No. 225 and after compliance of 50 NDPS Act, 07 plastic bags and 01 polythene containing Ganja (134 Kg 400 gm), 300 small plastic polythene, punching stapler and one electric weighting machine recovered from the possession of accused Ram Babu. On the statement of SI/Jasmer Singh, PS Jahagir Puri Delhi a case vide FIR no. 537/17 dated 09.11.2017 u/s 20 NDPS Act 1985 was registered in PS Jahangir Puri Delhi and further investigation entrusted to ASI Praveen, PS Jahagir Puri, Delhi.
2. During the course of investigation accused Ram babu @ Paras s/o Ram Sakal R/o Jhuggi No. 131, GH Block, Jahangir Puri Delhi was arrested on the same day i.e. 09.11.2017 in the case and during interrogation he disclosed that his brother Lal Babu @ Ravi s/o Ram Lal is involved in this crime and he was selling the Ganja in front of Jhuggi and during raid of police he ran away from the spot. P.C. remand of accused Ram Babu was obtained to trace the absconded co- accused Lal Babu s/o Ram sakal and to reveal the source of Ganja/supplier but accused Ram Babu was obtained to trace the absconded co-accused Lal Babu s/o Ram sakal and to reveal the source of Ganja/supplier but accused Ram Babu did not cooperate in the investigation and sent J.C.
3. On 26.12.2017 absconded accused Lal Babu @ Ravi s/o sh. Ram Lal R/o Jhuggi No. 225, GH Block Jahangir Puri Delhi was arrested u/s 41.1 Cr.P.C. by H.Ct. Praveen No. 119/Cr. SOS, Crime Branch, Prashant Vihar Delhi and later on accused Lal Babu @ Ravi s/o Sh. Ram Lal R/o Jhuggi No. 225, GH Block Jahangir Puri Delhi formally arrested in the present case on 27.12.2017 and during interrogation he disclosed that on 09.11.2017 he was selling the Ganja in front of his owned Jhuggi No. 225, GH Block, Jahagir Puri Delhi and at that time he ran away from the spot. During investigation PC remand of accused Lal Babu was obtained to unearth the source of Ganja/supplier but during interrogation accused Lal Babu did not cooperate in the investigation, detail/whereabouts of supplier could not be found. After completion of the investigation of the case charge sheet filed before the Rohini Courts Delhi and case is on prosecution Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:27.01.2023 15:49:17 evidence stage. The NDOH is fixed on 05.07.2021. The bail application of the petitioner is strongly opposed by police."
Learned counsel appearing on behalf of the applicant submits that admittedly, no recovery has been effected from the latter and even the place of recovery, i.e., Jhuggi No. 225, GH Block Jahagir Puri, Delhi, belongs to his brother. He also places reliance on testimony of PW-1, HC Nitin Kumar, recorded before the learned trial Court, who was part of the raiding team on the date of incident, i.e., 09.11.2017 and submits that PW-1, HC Nitin did not identify the present applicant before the learned trial Court as the person who ran away on the date of the incident. It is submitted that in view of the said non-identification of the applicant, the rigors of Section 37 of the Narcotics Drugs and Psychotropic Substances Act, 1985 will not apply to the present case. He further submits that there is no other evidence linking the present applicant with the allegations made in the present FIR. It is further submitted that the applicant is in judicial custody since 27.12.2017.
Learned APP for the State fairly submits that as per the testimony of PW-1, HC Nitin, who was a member of the raiding party, the dock identification of the applicant has not taken place.
In view of the facts and circumstances of the case, the present application is allowed. The applicant is granted bail on his furnishing personal bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of learned trial Court/Link Court, further subject to following conditions:
i. The applicant shall not leave the country without prior permission of the trial Court.
ii. The applicant shall intimate the trial Court by way of an affidavit and Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:27.01.2023 15:49:17 to the Investigating Officer regarding any change in residential address. iii. The applicant shall appear before the Court as and when the matter is taken up for hearing.
iv. The applicant shall join investigation as and when called by the Investigating Officer concerned.
v. The applicant shall provide his mobile number to the Investigating Officer and intimate about any change.
The application is allowed and disposed of accordingly. Order be uploaded on the website of this court forthwith.
AMIT SHARMA, J JANUARY 27, 2023/bsr Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:27.01.2023 15:49:17